CRI/T/18/1983 IN THE HIGH COURT OF LESOTHO
In the matter of :
REX
v
WINKI SETURUMANE
JUDGMENT
Delivered by the Hon. Acting Chief Justice, Mr. Justice M.P. Mofokeng on the 30th day of September, 1983
The accused is charged with the crime of murder. It is alleged that he unlawfully and intentionally killed the deceased (Khotso Makhetha). When asked to plead he pleaded guilty to the crime of culpable homicide (which is competent to a crime of murder. The Crown has accepted it.
I shall not go into the facts very fully as I am at this enjoined to pass sentence in terms of s.240(l)(a) of Criminal Procedure and Evidence Act 1981. It is clear from the record of the preparatory examination that the deceased died in the hands of the accused. From the accused's own mouth it is clear that he stabbed the deceased with a knife. It is equally clear that the cause of the fight was the girl who was found walking with the deceased that very evening. Jealousy got the better part of the accused the outcome of which was the fatally stabbing of the deceased. The accused has now, as indicated above, pleaded guilty to a lesser offence of culpable homicide. He is accordingly found guilty of the crime of culpable homicide.
In passing sentence it will suffice to say that the us
/of
2
of a knife in recent times has assumed alarming proportions. A week hardly passes by without an accused being tried in this Court for murder where the weapon used is a knife. This instrument, properly used, was never meant to be used as a lethal weapon to kill a fellow human being. But in recent times a knife is used to snife away the life of a human being at the slightest provocation or even indeed pretext. Where in certain situations there was no need for the production of a knife, it is nevertheless used with fatal consequences. Unnecessary suffering is brought upon the dependants of the fatally injured man (if he has any) or his nearest relations. These persons are rarely ever heard of when the question of sentence is considered. On the contrary, one hears frightening descriptions about the destitute dependants and relations of the accused.
The Court functions in a society which seeks revenge if it is not satisfied with the type of sentences visited on the wrongdoers by the courts. The courts have to be courts of justice and mercy. The courts have to have all the three elements in mind all the time in deciding what sentence to pass on the accused. I shall bear that in mind in this case.
The courts have sent young people to prison with the hope that there would be proper reformation. I have not lived long enough to witness the results. However, I think another type of punishment should he tried in this country. The accused will have to live experience and see the condition of a victim similar to that of the deceased.I do not thereby imply that he will temporarily join the deceased. What I mean is that he shall see for himself, over a considerable period, what misery a knife brings to the society.
The passing of sentence is postponed for a period of one (1) year on condition that he reports himself to the police at Quthing Charge Office every Friday at 6 p.m. who will then take him to the casualty section of the Quthing Government Hospital where he will assist the staff of the said hospital from Friday to Monday morning at 6 a.m. each week. He shall assist from 6 p.m. to 6 a.m
on each day of duty reporting his
/arrival
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arrival and departure to the said police.
At the expiration of the said period of one year the said police and superintendent of the hospital, Quthing Government Hospital will furnish this Court with a report.
ACTING CHIEF JUSTICE 30th September, 1983
For Crown : Adv. Bosiu For Defence: Adv. Addy